SESSION OF 2020
SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2469
As Amended by House Committee on
Corrections and Juvenile Justice

Brief*
HB 2469, as amended, would raise the allowed release
of inmates by the Kansas Department of Corrections (KDOC)
for a terminal medical condition from 30 days to 120 days.
Current law allows the Prisoner Review Board (Board) to
approve the release of an inmate if a doctor determines the
inmate has a terminal medical condition likely to cause death
within 30 days and does not represent a future risk to public
safety. Release of an inmate is conditional and may be
revoked if the:
● Person’s illness or condition significantly improves;
● Person does not die within 30 days of release;
● Person fails to comply with conditions of release; or
● Board otherwise concludes the person presents a
threat or risk to public safety.
The bill would replace references to 30 days with 120
days, and would allow release if an inmate’s terminal medical
condition is likely to cause death within 120 days, or
revocation of release if the person does not die within 120
days of release.


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*Supplemental notes are prepared by the Legislative Research
Department and do not express legislative intent. The supplemental
note and fiscal note for this bill may be accessed on the Internet at
http://www.kslegislature.org
Background
The bill was introduced by the House Committee on
Corrections and Juvenile Justice at the request of the Kansas
Sentencing Commission.
In the House Committee hearing, Representative
Highberger; and representatives of the American Civil
Liberties Union, Kansas Association of Criminal Defense
Lawyers, and Kansas Sentencing Commission testified in
support of the bill. Written neutral testimony was provided by
a representative of the KDOC.
The House Committee amended the bill by raising the
allowed release for a terminal medical condition to 120 days.
[Note: Current law allows release if the terminal medical
condition is likely to cause death within 30 days. The bill, as
introduced, would have increased this time limitation to 90
days.]
According to the fiscal note prepared by the Division of
the Budget on the bill, as introduced, KDOC indicates that it
has released one inmate under the current process since
2013 and states that expanding the window to 90 days would
likely increase the number of potential candidates for release.
However, KDOC anticipates that the number of individuals
who would be eligible for consideration and release would be
minimal, and any fiscal impact could be absorbed within
existing resources.
The Kansas Sentencing Commission indicates
enactment of the bill would have no effect on prison
admissions, but the bill could affect prison bed space
depending on the number of individuals released.
The Office of Judicial Administration indicates enactment
of the bill would have no fiscal effect. Any fiscal effect
associated with enactment of the bill is not reflected in The
FY 2021 Governor’s Budget Report.

2- 2469


Statutes affected:
As introduced: 22-3729
As Amended by House Committee: 22-3729